MADIOS Ltd v BIC

MADIOS Ltd v BIC

BIC's trademark registration from 2003 remained valid until 25/10/2019 under transitional provisions of the 2009 law. MADIOS Ltd imported and sold BIC CRISTAL pens without BIC's authorization, constituting trademark infringement. MADIOS's arguments regarding lapse of registration and lack of authorization were unfounded. Damages and costs awarded at first instance were appropriate, with additional costs for the appeal.

Citation
RCOMA 00319/09/2016/CHC/HCC
Parties
Appellant/defendant: MADIOS Ltd; Respondent/plaintiff: SOCIETE BIC
Court
Commercial High Court
Jurisdiction
Rwanda
Judgment Date
9 September 2016
Case Number
RCOMA 00319/09/2016/CHC/HCC
Procedural Posture
Commercial Appeal / Appeal Judgment
Outcome
Appeal dismissed; first instance judgment largely upheld with modification to costs.
Legal Topics
Trademark Infringement, Counterfeit Goods, Damages, Procedural Law
Source Language
rw, en
Intellectual Property Commercial Law Trademark Infringement Counterfeit Goods Damages Procedural Law

Case Brief

Summary, issues, holding and outcome

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Parties

MADIOS Ltd

Appellant/defendant

SOCIETE BIC

Respondent/plaintiff

Procedural Posture

Commercial Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether BIC had the right to sue for trademark infringement given the registration date and renewal requirements
  2. 2 Whether MADIOS Ltd committed trademark infringement by importing and selling BIC CRISTAL pens without authorization
  3. 3 Whether either party is entitled to damages or costs

Ratio Decidendi

BIC's trademark registration from 2003 remained valid until 25/10/2019 under transitional provisions of the 2009 law. MADIOS Ltd imported and sold BIC CRISTAL pens without BIC's authorization, constituting trademark infringement. MADIOS's arguments regarding lapse of registration and lack of authorization were unfounded. Damages and costs awarded at first instance were appropriate, with additional costs for the appeal.

Court Disposition

Appeal dismissed; first instance judgment largely upheld with modification to costs.

Orders

  • MADIOS Ltd to pay BIC damages of 1,000,000 RWF for infringement.
  • MADIOS Ltd to pay BIC 1,000,000 RWF for legal costs at the appeal stage.